New ban on cellphones while driving nets first Peoria citation

PEORIA — In the first 24 hours after the law took effect, only one driver in the city of Peoria had been issued a citation for cellphone use behind the wheel.

That ticket, written at 8 a.m. in the 2800 block of Knoxville Avenue, was the first citation issued in Peoria under a new law in Illinois outlawing electronics for drivers other than hands-free devices.

The law follows other similar measures that prohibit texting while driving, cellphone use in construction zones, phone use by drivers under 19 and a cellphone ban in the city of Chicago.

Trooper Dustin Pierce with Illinois State Police District 8 said that last year the department wrote 54 tickets to drivers texting while driving, 667 to motorists on the phone in a construction zone and an additional six citations to cellphone users 18 and under.

"You have to be able to hear what's going on behind you, especially with emergency vehicles," Pierce said. "You need to be able to hear, or if someone is honking at you to alert you to an emergency."

The new law aims to prevent distracted driving and make Illinois roadways safer, but only if drivers can resist picking up the phone or opt for a hands-free upgrade.

"Even a hands-free device is a distraction, but it's a step in the right direction to help reduce distractions inside the vehicle," Pierce said.

While the law seems straightforward — no cellphone use while driving — some grey areas could leave well intentioned drivers in conflict with the law.

Pierce said that a driver making a phone call on speaker would be in compliance, as long as that phone is resting in a safe place. If it's in your hand, you could be hit with a citation and $75 fine.

Hands-free headsets or headphones can only cover one ear, Pierce said, in accordance with a law already in place so drivers can stay aware of their surroundings.

No citations had been issued in Peoria County as of Thursday afternoon, perhaps partly because motorists and officers were paying closer attention in the slick road conditions.

"We tend to give a lot of verbal warnings to remind the general public that this is a new law and you need to come into compliance," Capt. Mark Greskoviak said.

The consequences of non-compliance could add up quickly. Fines start at $75 for the first ticket, jump to $100 for the second and continue to escalate.

If a driver causes an accident that results in injury while distracted by an electronic device, he or she could face a class A misdemeanor and up to a year in jail.

In a fatal accident, that could be upgraded to felony charges and up to a three-year prison sentence.

While officers can choose to issue verbal or written warnings to the unaware motorist, they don't have to, and many are on the lookout for multitasking drivers.

"I think with all the publicity, people are pretty aware of it," Officer Javier Grow with the Peoria Police Department said.

Laura Nightengale can be reached at 686-3181 or lnightengale@pjstar.com. Follow her on Twitter @lauranight.